Freedom of information regarding decision-making a prerequisite for a state governed by the rule of law
Outcome:
human rights
City (headquarters):
Warszawa
Voivodeship (headquarters):
mazowieckie
Dates:
31-10-2022 - 31-10-2022
Status:
in progress
Project cost:
75 000 EUR
Funding:
75 000 EUR
Outreach:
nationwide
Types of activities:
use the effects of monitoring to conduct advocacy or intervention activities, networking
Target groups:
decision makers, legal practitioners, society

Since 2011, the level of discretion exercised in administrative court rulings in freedom of access to public information cases has been on the increase. Judges deny access to documents that constitute public information under article 61 of the Constitution, citing the ‘internal’, ‘working’ or ‘technical’ document category. Some ministries act in a similar way, and this limits freedom of information during the legislative process. The category of ‘internal document’ is not listed in statutes or in the Constitution. This is a term applied solely due to the discretionary approach taken by government and the courts.

The project will increase the level of freedom of information during the legislative process and reverse the adverse tendency of denial of access to public information. Under the project, an intersectoral coalition will be formed of organisations, journalists, and scientists who will communicate information about the problem and demand that politicians state their standpoint on the issue. A conference will be held with politicians on the subject of freedom of information in the decision-making process. The project also entails a public campaign to increase awareness of the consequences of freedom of information being denied during the legislative process. A film will be made for the purposes of the campaign, giving examples of discretionary application of the category ‘internal document’. Expert opinions will be drafted concerning issues such as the subject of freedom of information during the legislative process and the possibility of entering into cooperation with the judiciary.

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